HBA-NLM S.B. 396 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 396 By: Moncrief Land & Resource Management 4/29/1999 Engrossed BACKGROUND AND PURPOSE Currently, the State of Texas owns certain real property in Howard and Tarrant counties. The purpose of this bill is to authorize the Texas Department of Mental Health and Mental Retardation (MHMR) to convey certain real property to certain companies to provide community-based mental health and mental retardation services. S.B. 396 conveys certain state-owned real property in Howard and Tarrant counties to certain companies to provide community-based mental health and mental retardation services. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Authorizes the Texas Department of Mental Health and Mental Retardation (MHMR) to convey, on behalf of the state, all or any portion of the interest of the state in the real property described by Section 2 of this Act, to the West Texas Centers for Mental Health and Mental Retardation for use as a facility to provide community-based mental health and mental retardation services, notwithstanding Section 533.084 (Management of Surplus Real Property), Health and Safety Code. Requires the reservations contained in the deed to the State of Texas recorded at volume 642, page 480, of the Deed Records of Howard County to run with the land and continue to be binding on the community mental health and mental retardation center. SECTION 2. Describes the real property authorized for conveyance by Section 1 of this Act. SECTION 3. Authorizes MHMR to convey, on behalf of the state, all or any portion of the interest of the state in the real property, including the land and all improvements affixed to the land described by Section 4 of this Act, to Tarrant County Mental Health and Mental Retardation Services for use as a facility to provide community-based mental health and mental retardation services, nothwithstanding Section 533.084, Health and Safety Code. Requires the conditions precedent and possibility of revertor established in the deed to the State of Texas recorded at volume 8528, page 2057, of the Deed Records Tarrant County to run with the land and continue to be binding on the community mental health and mental retardation center. SECTION 4. Describes the real property authorized for conveyance by Section 3 of this Act. SECTION 5. Establishes that all oil, gas, and other minerals in and under the land conveyed as authorized by this Act and the right and power to remove any and all of said minerals, including the right and power to grant oil, gas, and mineral leases, as such rights and powers are held by the state prior to conveyance, is reserved and excepted unto the State of Texas and not conveyed to the community mental health and mental retardation centers. SECTION 6. Provides that Sections 31.1571 (Disposal of Unused or Underused Property) and 31.158 (Real Estate Transaction Authorized by Legislature), Natural Resources Code, and Sections 533.084 (Management of Surplus Real Property) and 533.087 (Lease of Real Property), Health and Safety Code, do not apply to the conveyances authorized by this Act. SECTION 7. Emergency clause. Effective date: upon passage.